Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Browse our 2 legal questions about Probate in United States and the lawyer answers, or ask your own questions for free.
Probate is the legal process through which a deceased person’s assets are identified, gathered, and distributed in accordance with their will or, if there is no will, under Florida’s intestate succession laws. This process also involves settling the decedent’s outstanding debts and taxes. In Florida, probate is supervised by the courts to ensure that all assets are properly managed and heirs or beneficiaries receive what they are entitled to. Probate can range from formal administration, which is more complex, to summary administration for smaller estates, making it important to understand which type of probate may apply.
Probate proceedings can be complicated, especially when multiple heirs, outstanding debts, or disputed wills are involved. Common reasons people seek a probate attorney in Florida include:
A probate lawyer guides you through court procedures, helps avoid costly mistakes, and protects your interests during what is often a stressful and emotional time.
Florida’s probate process is governed by the Florida Probate Code, primarily found in Chapters 731-735 of the Florida Statutes. Below are some key legal features:
Probate is the court-supervised process of identifying, gathering, and distributing a deceased person’s assets, paying their debts, and ensuring the correct heirs or beneficiaries receive their inheritance under Florida law.
No, not all estates require probate. Assets with designated beneficiaries or held jointly with rights of survivorship usually bypass probate. Small estates may qualify for simplified procedures.
Formal probate can last six months to over a year, depending on the estate’s complexity and any disputes. Summary administration may be completed more quickly.
The personal representative, sometimes known as the executor, is responsible for managing the estate, paying creditors, and distributing assets as directed by the will or Florida law.
Yes, through careful estate planning such as creating a living trust, titling assets jointly, or designating beneficiaries on accounts, probate can often be avoided for many assets.
If someone dies without a will, their property is distributed according to Florida’s intestacy laws, which prioritize spouses, children, and other close relatives.
Probate involves court fees, publication costs, and potentially attorney’s fees or personal representative fees. Costs depend on the estate’s value and complexity.
Yes, interested parties can contest a will if they believe it is invalid due to fraud, undue influence, lack of capacity, or improper execution. They must act promptly and have valid legal grounds.
No, only assets owned solely by the decedent without beneficiary designations or rights of survivorship are subject to probate. Bank accounts, life insurance, and retirement accounts with named beneficiaries usually bypass probate.
Yes, non-residents who own real estate in Florida may require an ancillary probate proceeding in Florida, even if their primary estate is handled elsewhere.
If you need help understanding or handling probate matters in Florida, you may find these resources useful:
If you are facing probate or have questions about estate administration in Florida, consider the following steps:
Obtaining skilled legal advice can help you navigate the sometimes lengthy and complex probate process, avoid errors, and protect your legal rights and financial interests.
